Proposition 8 and DOMA
Today in the Community, we are discussing whether the Court is likely to get involved in the disputes over Proposition 8 and the Defense of Marriage Act and, if it does get involved, what it will do.
In Perry v. Brown, the California Supreme Court is considering whether the official proponents of Proposition 8, a ballot initiative that prohibits same-sex marriage in California, have standing to defend the constitutionality of the initiative when state officials have declined to do so. If it concludes that the proponents do have standing, the matter could get back on a track heading toward the Court sometime soon. And in July 2010, in Gill v. Office of Personnel Management , U.S. District Judge Joseph L. Tauro held that Section 3 of the Defense of Marriage Act – which defines marriage for federal purposes as a union between a man and a woman – is unconstitutional. That case is now the first of the DOMA cases to reach the courts of appeals; the plaintiffs-appellees filed their brief in the First Circuit on October 27. Other DOMA cases have also been percolating in district courts, including Golanski v. Office of Personnel Management and Windsor v. United States.
This summer the blog hosted an online symposium that addressed various questions relating to both the Proposition 8 and DOMA litigation.